Search for: ""duty to warn""
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24 May 2007, 10:40 am
Thus deference principles have led courts not to impose warning duties upon suppliers of bulk drug components beyond the minimal ("for repackaging") warnings required by the FDA. [read post]
24 Apr 2009, 3:25 pm
Manufacturers owe a duty to warn of dangers identified after the product was first supplied. [read post]
24 Oct 2017, 6:29 pm
State of the Art The duty to warn is constrained by what is known or should have been known at the time of marketing, what lawyers sometimes call “state of the art. [read post]
10 Jun 2009, 10:00 pm
App. 1991) ("such a requirement is the logical extension of the fact that a prescription drug manufacturer's duty to warn is directed to the prescribing physician. [read post]
23 Mar 2024, 10:00 am
Internet Brands: plaintiffs’ claim is predicated on the third-party content, of which they assert defendants had a duty to warn. [read post]
10 Mar 2010, 5:00 am
Doesn't happen.Then the doctor would have to – as the doctor in Tenuto did not – think that the one-in-a-million warning was important enough to bring up during the less than ten minutes s/he saw the hypothetical patient.The court held that this utterly impractical warning duty was not preempted – because the defendant in fact did revise its warnings (after the fact, of course) to include the information. [read post]
17 Jul 2008, 7:27 pm
That is, plaintiffs would claim that the label as approved was OK, but that the defendant had not lived up to its obligations thereafter, and that for that reason the label should have been changed.Well, that kind of claim sounded a lot like a post-sale duty to warn or failure to recall claim to us. [read post]
2 Sep 2009, 11:01 am
Giant institutions that sniffed out the truth or suspected it, and therefore refused to do business with Madoff but said nothing to the SEC or FINRA, will put forth the same position if sued because they warned nobody. [read post]
28 Apr 2014, 6:39 am
Jacobsen had a duty to warn oncoming motorists of the hazard he had created by at least operating his four way flashers. [read post]
16 Jul 2012, 1:32 pm
Nothwithstanding this argument, a plaintiff usually argues that a product failed to provide a warning (where there has been proof of duty to warn) or that the warning provided was inadequate. [read post]
31 May 2016, 12:28 pm
Using a pseudo-textualist approach, the panel says Doe’s failure-to-warn claim does not treat ModelMayhem as the “publisher or speaker” of third party content because: The duty to warn allegedly imposed by California law would not require Internet Brands to remove any user content or otherwise affect how it publishes or monitors such content. [read post]
18 Jan 2008, 10:11 am
The Vermont Supreme Court ruled that federal regulation on drug safety only provides a floor on labeling requirements so states are free to impose more restrictive labeling under their own duty-to-warn tort laws. [read post]
23 Nov 2015, 3:39 am
Eventually plaintiff did retain counsel and brought this product liability action on the grounds of strict liability, negligence, and breaches of the implied warranty of fitness, implied warranty of merchantability, and duty to warn. [read post]
8 Nov 2023, 9:50 am
Property owners cannot set traps, and if it is known that there are occasional trespassers, there is a duty to warn them about known dangerous conditions. [read post]
10 Jan 2012, 7:58 am
To be clear, plaintiff’s contention was that the defendant could have met its duty to warn by using these methods of communication “without including substantial new warning information. [read post]
20 Sep 2017, 10:36 am
There is no question that medical device company has duty to warn patients of known dangers and report those dangers to the FDA. [read post]
13 Nov 2019, 10:35 am
Regents of California (1976), which imposed a “duty to warn” on therapists, and Sindell v. [read post]
11 Jul 2023, 9:37 am
Amazon therefore had no duty to provide additional warnings regarding the dangers of ingesting Sodium Nitrite… even if Amazon owed a duty to provide additional warnings as to the dangers of ingesting sodium nitrite, its failure to do so was not the proximate cause of Kristine and Ethan’s deaths…Kristine and Ethan sought the Sodium Nitrite out for the purpose of committing suicide and intentionally subjected themselves to the Sodium… [read post]
18 Dec 2009, 5:48 am
Thus, under OPLA as it currently stands, the duty to warn is now a purely statutory claim. [read post]
16 Jul 2012, 1:32 pm
Nothwithstanding this argument, a plaintiff usually argues that a product failed to provide a warning (where there has been proof of duty to warn) or that the warning provided was inadequate. [read post]
